NSWIn ForceRegulation
Adoption Regulation 2015
80Form of consent
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#### 80 Form of consent
80 Form of consent
> > (1) For the purposes of section 61 (1) of the Act, the instrument for general consent to the adoption of a child (other than a consent referred to in subclause (2) or (3)) is to be in the form approved by the Secretary and is to contain the following information—
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> > > (a) the full name of the person consenting to the adoption,
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> > > (b) the address of that person,
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> > > (c) the relationship of the person to the child (mother, father or guardian),
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> > > (d) the full name of the child,
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> > > (e) the date and place of birth of the child,
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> > > (f) a statement as to whether the person consenting to the adoption requests and authorises the Secretary (or, if applicable, a principal officer) to make arrangements for the adoption of the child,
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> > > (g) a statement of the right of the person to revoke his or her consent and—
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> > > > (i) if the person is a child—a statement that he or she may revoke consent at any time before the adoption order is made, and
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> > > > (ii) if the person is an adult—a statement that he or she may revoke consent only within the period of 30 days beginning on the day on which he or she signs the instrument,
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> > > (h) a statement as to when the Secretary or appropriate principal officer gave the person the mandatory written information,
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> > > (i) if the person is consenting to the adoption of an Aboriginal child or a Torres Strait Islander child—a statement of when the person received the adoption counselling or information referred to in section 64 (1) or 65 (1) of the Act,
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> > > (j) a statement as to when the person was counselled in accordance with section 63 of the Act.
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> > Note.
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> > Under section 63 of the Act a person must be counselled on the legal effect of signing the consent and the procedure for revoking consent before signing the consent form. The counsellor is required by section 61 of the Act to certify on the form of consent that the person has been counselled and that the counsellor is of the opinion that he or she understands the effect of signing.
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> > (2) For the purposes of section 61 (1) of the Act, the instrument for general consent to the adoption of a non-citizen or other child of whom the Secretary has guardianship (otherwise than under section 75 (7) of the Act) is to contain the following information—
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> > > (a) the full name of the child,
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> > > (b) the date and place of birth of the child.
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> > (3) For the purposes of section 61 (1) of the Act, the instrument for specific consent to the adoption of a child is to contain the following information—
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> > > (a) the full name of the person consenting to the adoption,
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> > > (b) the address of that person,
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> > > (c) the relationship of the person to the child (mother, father or guardian),
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> > > (d) the full name of the child,
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> > > (e) the date and place of birth of the child,
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> > > (f) the full names and addresses of the person or persons who are specified as the adoptive parent or parents of the child and a description of their relationship to the child,
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> > > (g) details of how long, and the period during which, the specified person or persons have cared for, lived with or had a relationship with the child,
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> > > (h) a statement of the right of the person consenting to the adoption to revoke his or her consent and—
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> > > > (i) if the person is a child—a statement that he or she may revoke consent at any time before the adoption order is made, and
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> > > > (ii) if the person is an adult—a statement that he or she may revoke consent only within the period of 30 days beginning on the day on which he or she signs the instrument,
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> > > (i) a statement as to when the Secretary or appropriate principal officer gave the person the mandatory written information,
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> > > (j) if the person is consenting to the adoption of an Aboriginal child or a Torres Strait Islander child—a statement of when the person received the adoption counselling or information referred to in section 64 (1) or 65 (1) of the Act,
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> > > (k) a statement as to when the person was counselled in accordance with section 63 of the Act.
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> > Note.
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> > Under section 53 of the Act, specific consent to the adoption of a child by the persons having the following relationships to the child may be given—
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> > > (a) a specified adoptive parent who is a relative of the child,
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> > > (b) 2 specified adoptive parents, one of whom is a parent or relative of the child,
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> > > (c) a specified adoptive parent who is a step parent of the child,
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> > > (d) a specified adoptive parent who is an authorised carer who has had the care of the child for 2 years or more.